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HomeMy WebLinkAbout1934-08-21 99 I SELECTMEN'S MEETING AUGUST 21, 1934 A regular meeting of the Selectmen was held in the Selectmen' s Room, Town Office Building, at 7:30 £ .M. Messrs Trask, Gilcreast, Ferguson, O'Connell and Lyons were present. The Acting Clerk was also present. Mr. Lawrence G. Mitchell came before the Board and reported that he had received application from John Amato, 61 pleasant Street. He reported that this case had been brought to his attention by Miss Welch and Mr. Wagner of the Society for the ` Prevention of Cruelty to Children. The furniture had been taken away and the man and wife and three children were left Amato with only one mattress in the house . Mr. Mitchell gave them Case a grocery order for $6.00. He felt that this was a temporary case and that the man hopes to get work in a garage. He rec- ommended that grocery orders be given as this was an unsettled case. The Board voted to approve this method of handling the case. Application for Soldiers' Relief was received from Mrs. Roy D. Fountain who is a widavof a World War Veteran. She owns II a house on Farmcrest Avenue for which she receives $40. per month rent, and $5. per month for the garage. However, her total income from this after paying taxes, insurance and water rates, amount to $15. or $20. per month. She had $2000 when Fountain her lusband died but that is all gone now except for $23 She Case is living on School Street with her two childred and pays $23. per month rent. Mr Mitchell recommended that she be given $8. per week and stated that this had been approved by the State. The Board voted to adopt Mr Mitchell' s recommendation. Mr. Mitchell reported in regard to the Soldiers' Relief case of Maurice Sears, 8 Worcester Street, Belmont, that he visited him. Mr. Sears was hit by an automobile and will be in bed for two months. He has a wife and two children and is five or fix months arrears in his rent. Mr. Mitchell also took this case up with the State Div. of State Aid and Pensions. He recommended that the Town assume the August rent if necessary and cut down the cash allowed to $8. per week. Sears It was suggested that Mr. Mitchell write to the Insurance Case Co. handling Mr. Sear's accident and ask them to inform him when the case is settled and the amount of settlement so that the Town might claim reimbursement. Mr. O'Connell reported that Mr. Sebastiano Collentroppo was desirous of being paid back rent due him from Harry Cupp in the amount of $77. He stated that Mr. Collentroppo asked the Town to do something When Mr Cupp lived at his house, but Collen- did not press the claim. However, he is now in need of money troppo and feels that the amount of $77 should be paid by the Town. Case The Board felt that Mr. Collentroppo should be informed that they could not pay back rent. 100 al 00 Mr. Albert A. Ross, Supt. , Water and Sewer Dept. and Howard E. Storer of Brandon Street, came before the Board relative to an extension of water in Brandon Street. Mr. Ross presented a plan showing the proposed extension and explained that as the sewer trench was being dug in that locality, he felt that the water main could be put in the Water main, same trench, and recommended a two inch main being laid for Brandon ,St. a distance of 300 feet from Pottier Avenue to the Haskell property. He estimated the cost of this extension 05. The Board voted to authorize Mr. Ross to make this ex- tension, Mr. Storer to pay one-half the cost. Mr. 1Ross was to present the specifications on the demo- lition of the standpipe at the next Board meeting, September 4th. Joint hearing of the Board of Selectmen and the Board of Appeals was declared open on the application of Mary S. Valentine for permission to erect a filling station at 1698 Mass . Avenue. The Chairman opened the hearing and the Clerk of the Board of Appeals, Howard W. Robbins, read the notice of the Board of Appeals hearing. John S. Valentine appeared representing the petitioner, Mary S. Valentine. He stated that the property owned by her runs through from Mass . Avenue to Vine Brook Road and is 365.5 deep. That part bordering on Mass. Avenue and for 100 feet back is zoned and taxes assessed as business property and the part bordering on Vine Brook Road is zoned and taxed as residential property. They planned to dispose of the busi- ness property on Mass . Avenue for a gas and oil filling station, tear down all the buildings at present on the property, and build and live on the Vine Brook Road frontage in a residential district. He stated that they were not asking for any change in the existing zoning laws, but only for a permit to build, and that they hope and intend to make their residence an Vino Brook Road He stated that they felt it would not impair the neighborhood, as they themselves intended to build there . He felt that the house now located there was badly rundown and Valentine the vacant lots on Vine Brook Road were overgrown and pretty Hearing much of an eyesore and that by granting the permit, it would not only relieWe them of the tax burden but also would improve the vicinity. He stated that if they did sell the Mass . Ave. property there would be restrictions in the deed to protect the residents in that vicinity from any nuisance due to lights, unpleasant dumps or odors. The building to be erected for the filling station would be of the Colonial type, and competitive conditions in the gas and oil business would be a guarantee that it would be kept clean and neat Mr Valentine felt that that was the only business that could be put in there as there are already sufficient stores in the town, and he called at- tention to the fact that the granting of the permit would in- sure immediate building construction work and provide work for some of the unemployed. In summing up the request, Mr. Valentine w 101 II stated that if the permit were granted, it would assure immediate and permanent benefit to a good residential district, a clean useful spot in the centre of the town, work for some of the towns- people and additional permanent taxable values for the town. Mr. Valentine then presented a petition signed by all the abuttors but one and by other residents in the vicinity stating that they approved the application and requesting that the petition be granted. Mrs. Seldon M. Loring, daughter of the petitioner, also appeared in favor of the application and stated that her family had lived in Lexington for a great many years and would not want to deface the street in any way, but she felt that the town must progress with the times and that this was the ally business that y th t could be established on this valuable p iece of business property and she did not see why there should be any objection to it . Mr. Eugene J. Viand appeared representing Felix Viano, his Valentine father, and the Colonial Garage Inc. , which is adjacent to the Hearing Valentine property, in opposition to the petition. He stated that they had a terrific investment there for a small town and property used for practically the same purpose adjacent to them would of course be very harmful. Their property was assessed for 37,500. They employ sixteen people who make their livelihood from this business and their jobs and livelihood would be seriously endangered by the granting of this petition. Their property would decrease in value and he felt that the Town would not profit in I any way. He felt that the Valentine property would be sold to a large concern who could afford to operate this station at a loss if necessary, and that the Valentinets would only improve their own position temporarily. For the sake of comparison, he drove around the surrounding towns and he did not see one instance of two stations adjacent to each other. He felt that the granting of this permit would destroy his business and property value and he stated that it would n of be fair competition inasmuch as the Code did not require that gasoline prices be the same. The only restriction is that they must sell at their posted price. Mr. Edward Loren Fenn was present and desired to speak as a citizenof the Town. He stated that he had noticed that property P P y for a number of years and he felt that it was in a good business location. He did not see how allowing another gas station there would hurt Mr. Viano' s business greatly inasmuch as most people buy the same kind of gasoline consistently anyhow and he felt that the competition would not be too great to Burt the existing business . Mrs. Florence L. Nickerson of 15 Vine Brook Road stated that she wised to object inasmuch as she did not think that she would be able to live there if the permit were granted on account of the lights She has been going to complain about the lights from the Viano garage, but has not done so, and she did not see how she could tolerate another gasoline station. Mr. Matthew Stevenson stated that he owned a piece of property II adjacent to the Valentine property and that if Mr. Valentine does as he says he is going to, he would be very much in favor of it and would be willing to build a house on his property on Vine Brook Road also. 102 c71 C4 to cn Mr. Valentine stated that inasmuch as this was a public record, he felt he could not afford to go on record as saying he would do something that he did not definitely mean to do. He intended to live on Vine Brook Road Etnd he certainly would want to protect his own interests as far as lights were con- cerned, being the nearest abuttor. Mr. Robbins asked him whether or not it washts intention to property, and Mr Valentine stated that it was as sell the ro V nt e t P P Ys he wanted to then build on Vine Brook Road. The hearing adjourned at 8:27 P .M. and the matter taken under consideration by both Boards . Hearing was declared open on the application of Walter M. Pease for permission to maintain a two car garage of field- Garagestone construction at 23 Blossom Street, Lexington Hearing Mr. Pease appeared and presented plans of the proposed garage and it was voted to grant the license subject be-this- - approval of the Building Inspector. Hearing was declared open on the application of Minnie H. Ricker for permission to maintain a one car garage of stone and cement block construction at lots !To. 25-26-27 Simonds Road. Garage Mr. Ricker ep peared and presented plans of the proposed Hearing garage and it was voted to grant the -license subject to the approval of the Building Inspector. Hearing was declared open on the petition of the E.E. I. Pole Co. of Boston for permission to erect one_ pole on Valley Road, Location approximately 670 feet west of Bedford Street. The Board voted to grant the petition. The Board signed commitment in the amount of $3. for Commitment charge for work done on State Highways in the Town of Lexington by the Moth Department. The Board signed application for license to Board Infants License of Lillian Sefton, 1 Fairview Avenue, same being a renewal. The Board discussed the propostion in regard to drainage of the Ryder development as presented by Mr. Custance at the last meeting. The Chairman reported that he talked with Mr. Custance and had been informed by him that the State was con- sidering Mr. Custance' s program of constructing a State Highway from Mass . Avenue up the Vine Brook valley. Ryder The Board, after considering the matter of suggesting to Proposition the Town Meeting that the drainage work on Vine Brook be done, felt that the expenditure would be too great and voted that although they were in sympathy with the plan as presented by Mr. Custance, they were also of the opinion that the Town was not in a financial condition at the present time to undertake the work. Letter was received from the Town Counsel in regard to blasting operations and liability in answer to the BoardAs 103 1 letter in regard to the extension of water and sewer mains at the Johnson property, in which he stated that it was not pos- sible to give a clear cut answer to the question whether or not the Town may be liable for damage resulting from negligent Blasting blasting by an independent contractor. He referred to several eases of this type, and stated that hitherto all blasting eases of the Town that had come to his attention had been settled by the Insurance Company. The Chairman reported that he had replaced Mr. Campbell, formerly night watchman at the Public Works Building, with Watchman 1 Mr. Harkins who has been employed in the Highway Department for a number of years Letter was received from the Town Counsel in regard to the method of appointing the Assessors in which he stated that he found nothing in the 1933 legislation which affects the pre- Assessors vious methods of selecting Assessors and therefor the Assessors are appointed by the Selectmen for no definite term but toh old office until removed by the Selectmen or by death or resignation as in the past. Report was received from the Health Inspector in which he called attention to an unsanitary condition of Trani' s store. Health The Chairman reported that he had talked with Mr Trani, and Report IIthe condition was now remedied. The Selectmen voted to approve the Town Counsel's bill in the amount of $25.95 for services rendered in connection with Bill collection of money from the City of Medford in the Littlewood case. Notice was received relative to Chapter 386, Acts of 1934, State Tax stating that Lexington's share of the State Tax was $29,000. Application was received from Edward Hoffman, 5 Hibbert Street, for a license to collect junk in the Town. The Board considered the application and voted to grant Junk the license to Edward Hoffman and that the fee should be paid License in advance for the remaining eight months until May 1st, which amounted to $33.34 The Board voted to grant a license to James F. Cavanaugh for a Public Carriage License to operate one Dodge Sedan License Letter was received from the Town Counsel in which he stated that he had proceeded in the cases against Pasquale Legal Moretti, Frank Parker and the owner of his lot, Angus Cases McDonald of Somerville, and Mary E. Lowe. IILetter was received from the Building Inspector in which he stated that he had investigated the complaint in regard to dogs owned by Mr. Mason on Woodland Road and he found that Mr. Mason had had a kennel there for the past six years and has 104 tn kept as many as 12 dogs. He has now moved all his dogs but four to a kennel in New Hampshire and makes no sales on his Mason Lexington property. Mr. Longbottom stated that there were dogs several other dogs in the neighborhood and that perhaps Mr. Mason had been blamed unjustly in some instances. Letter was received from the Building Inspector in which he stated that Mr. Montague on Bedford Street had put up his Montague' s Undertakers sign again. Sign The Board voted to instruct Mr. Longbottom to proceed to enforce the law. Attention was called to a sign placed on the rear of the Aldrich property on the Ball Park Road advertising dogs which Sign was in violation of the Zoning Law. The Chairman was instructed to call the Building Inspector's attention to this violation. Letter was received from the County Commissioners enclos- ing letter from Katherine Kinneen complaining about Vine Street and referring the matter to the Board. The Chairman stated that he had investigated the matter and found that fill had been dumped in on Mrs . Leary's prop- Vine St. erty where the cars formerly turned off into Woburn Street. However, Mrs . Leary was entirely within her rights, and it was decided to inform Mrs . Kinneen that this was a matter that mast be settled among the neighbors and there was nothing the town could do. It was voted to approve Public Welfare Department abatement against the City of Somerville in the amount of $90. which they claimed to be a military settlement in the Lauritzen case Welfare and would not pay under welfare, and against the State Dept. of Public Welfare in the amount of $28. not allowed in the Arthur Forsythe case. The Board signed Miscellaneous water and sewer commitment in the following amounts: Water Repairs and Misc. $146 .20 Commitment Water Rates 51.89 Water Deposits 92.30 Sewer 27.50 Report was received from the Supt of Public Works of an accident to a child caused by falling into a hole near the hydrant opposite #202 Lincoln Street. Mr. Clifford Harvey, 232 Lincoln Street, had reported that his daughter Jean Harvey Hole in fell there . The Supt. stated that he investigated and found Street a small hole at the side of the hydrant not over eight inches wide, which he had filled. 105 The Board considered the application of Timothy 3. Harrington of 9 Sherman Street, for Old Age Assistance, and Mr. ailcreast Old Age recommended that he be granted $7. per week cash and the Board so voted. The Chairman reported that he had received a letter from Mr. Earle in which he stated that he would need at least an additional $1200. in his Department to carry through advertising and tax sales. Mr. Trask stated that he had advised Mr. Earle that he consulted with the Chairman of the Appropriation Committee and decided the proper proceedure was to use whatever money was Tax necessary and they would recommend an additional appropriation Collector at the next Special Town Meeting. The Chairman reported that he had written to the State asking that they reimburse the Town for money expended in re- laying water pipe in Blossom Street which was necessary on State account of the construction of the State Highway and that he had received a reply stating that the State could not see its way clear to grant the request. The Chairman reported that he had received ihxther com- plaints from residents of Vaille Avenue relative to H.E. Smith conducting a trucking business on his premises. The Board considered the matter and decided to authorize Smith the Town Counsel to take the necessary steps to enforce the Zoning Zoning Law inasmuch as Mr. Smith had n of kept his promise to Violation- the Board or the Building Inspector in regard to keeping trucks in his yard. The Chairman reported that bill had been received from Rubin and Seligman in the amount of $600. for rental of the sheds in the rear of the Old Town Hall lot from Dec 1, 1931 to Nov. 30, 1933. He explained that although the Moth Dept. moved from there about three years ago, nothing can be found that would indicate that Rubin and Seligman had been given formal notice except that the Supt. of Public Works stated Moth Dept. that he notified them verbally. The question was whether or Bill not Rubin and Seligman could collect this money from the Town. However, letter had been sent to them on Dec. 29, 1933 by the Clerk of the Selectmen in which she stated that the Moth Dept equipment had been removed to which no answer had been received until recently, and Mr. O'Connell was of the opinio that this would constitute a waiver if the case ever came up In Court. The Chairman reported that E.R.A. work was stopped on all highway projects, leaving the jobs unfinished, and work was to be started on Fletcher Avenue in accordance with the vote of the Town to appropriate $4000. but could not be done ' now with E.R.A. labor. He stated that Mr. Scamman and Mr. Paxton informed him that they could put in a steam shovel for excavating and construct a street according to specifications with respect to width, drainage, grade, but with gravel and 106 cn 00 asphalt surface, using highway employees and keep inside the $4000. Fletcher The Board authorized the Chairman to instruct the Supt. Avenue to construct the street in that manner. Letter was received from Mr. Russell stating that bill had been received from Trustee of Lexington Plumbing and 1933 Bill Heating Co. , total of $8. 17 for bills due in 1933. On advice of Mr. Russell, it was decided that the bills could not be paid out of current funds. The Chairman reported that, being a member of the Executive Board of the Co-op. Bank, it had come to his attention that a man by the name of Fardy proposed to build a house at the end of the present layout of Pine Knoll Road. If this were allowed, Pine Knoll it would block the street from ever being continued through the Road development, so he wrote to Mr. Hamilton, who developed the property and asked him to make a Board of Survey layout of the property so that Pine Knoll Road could be extended before it is permanently blocked. The Chairman reported that he had received three com- plaints during the past week in regard to the traffic signals Traffic at Bedford Street and Elm Avenue not being turned on Saturdays Signals and Sundays so he instructed the Police Dept. to have the lights turned on from 10 A.M. to 10 P .M. on Saturdays, Sundays, and holidays until further notice. Application for admittance of Miss Martha Johnson of 55 Bedford Street to Middlesex County Sanatorium was received The Chairman reported that he had investigated the case Martha and found that at the present time Miss Johnson was resting Johnson and hoped to regain her health without going to the Sanatorium. Therefor no action was ttk en on the application. The meeting adjourned at 9:35 P.M: A true record, Attest: Clerk. I